---
kind: "section"
citation: "21 C.F.R. § 1316.49"
title: "21"
number: "1316.49"
heading: "Waiver of hearing."
url: "https://uscodex.org/cfr/21/1316.49"
---

# §1316.49. Waiver of hearing.


In proceedings other than those conducted under [part 1301](/cfr/21/part1301.md) or [part 1309](/cfr/21/part1309.md) of this chapter, any person entitled to a hearing may, within the period permitted for filing a request for hearing or notice of appearance, file with the Administrator a waiver of an opportunity for a hearing, together with a written statement regarding his position on the matters of fact and law involved in such hearing. Such statement, if admissible, shall be made a part of the record and shall be considered in light of the lack of opportunity for cross-examination in determining the weight to be attached to matters of fact asserted therein.


## Notes

### Amendments

[36 FR 7820, Apr. 24, 1971, as amended at 87 FR 68045, Nov. 14, 2022]

### Authority

Authority: 21 U.S.C. 811, 812, 871(b), 875, 958(d), 965.

### Source

Source: 36 FR 7820, Apr. 24, 1971, unless otherwise noted. Redesignated at 38 FR 26609, Sept. 24, 1973.

### Amendments

[36 FR 7820, Apr. 24, 1971, as amended at 87 FR 68045, Nov. 14, 2022]